Committee publications
Crypto and CBDCs in Brazil-Russia trade: regulatory developments, sanction risks and compliance strategies
The tightening of sanctions, increasing pressure on traditional payment systems and the concurrent advancement of digital financial technologies are reshaping the rules of the game for cross-border trade between Russia and Brazil. Since August 2023, Russia has been piloting the Digital Ruble, and since late 2024 it has been implementing pilot programmes for cross-border settlements using cryptocurrencies and digital assets. In Brazil, the first federal regulations on virtual assets have taken effect, while the Brazilian Central Bank continues to introduce a phased regulatory framework and integrate cryptocurrencies into the formal financial system.
Released on Aug 28, 2025
Legal fragmentation and family rights: intra-EU mobility challenges for LGBTQI+ families under the EU Blue Card scheme
This article examines the enhanced rights provided by the EU Blue Card Directive for highly skilled non-EU nationals and their families, focusing on intra-EU mobility and family reunification. It highlights how, in practice, LGBTQI+ families face structural disadvantages due to fragmented national recognition of same-sex partnerships, resulting in legal uncertainty and barriers to mobility that undermine the Directive’s intended benefits.
Released on Aug 27, 2025
The war for talent, labour shortages and demographic changes: what can we do?
While a diverse workforce fosters creativity and innovation and enhances employee performance, what strategies are countries and companies taking to attract and to retain a diverse workforce to address labour market changes? What are the challenges and opportunities? This was the topic raised by panellists in the session held during the IBA Employment and Diversity Law Conference in Marrakech in April 2025.
Released on Aug 25, 2025
Taiwan now permits registration of cross-strait same-sex marriages
Taiwan continues to make strides toward advancing marriage equality for same-sex couples by announcing that Taiwan–China same-sex couples married in a third country can now register their marriage in Taiwan. This step brings Taiwan closer to full marriage equality and reaffirms its position as a leader in LGBTQI+ rights in Asia.
Released on Aug 21, 2025
More countries to ban intersex genital mutilations in Europe
This article examines the growing European Union movement to ban intersex genital mutilation (IGM) – ‘gender normalising’ surgeries on minors with variations in sex characteristics. Affecting 1.7 per cent of the population, intersex individuals face widespread discrimination, with 21 per cent experiencing healthcare discrimination. The article emphasises that surgical interventions for social or aesthetic purposes without medical necessity constitute serious human rights violations, noting 49 per cent of affected Polish individuals did not consent to childhood procedures. Five EU countries have implemented legislative bans: Spain (2023), Greece (2022), Malta (2015), Germany (2021), and Portugal (2018), with Belgium developing similar legislation
Released on Aug 21, 2025
Marriage equality in Hong Kong: hitting a rainbow ceiling?
Hong Kong’s proposed Same-sex Partnership Bill offers limited legal rights to overseas same-sex couples, two years after a landmark judgment for LGBTQI+ rights. Unlike Thailand’s full legalisation, Hong Kong’s Same-sex Partnership Bill excludes many key rights, leaving local same-sex couples with minimal recognition and highlighting ongoing regional disparities in LGBTQI+ rights.
Released on Aug 21, 2025
Asia Pacific Regional Forum ebulletin: 6 August 2025
The Asia Pacific Regional Forum’s ebulletin, send to members on 6 August 2025.
Released on Aug 21, 2025
Corporate responsibility in the age of surveillance and transnational repression: legal obligations and human rights due diligence
The proliferation of advanced surveillance technologies has outpaced the evolution of legal safeguards, potentially resulting in significant threats to privacy, the freedom of expression and other human rights. Emerging regulatory frameworks, however, do impose binding human rights due diligence obligations on companies. This article examines the obligations of corporations, particularly those developing and distributing surveillance tools.
Released on Aug 21, 2025
The EU Omnibus and business and human rights risks
The Council of the European Union has adopted a pro-business draft of the Omnibus simplification package, reducing the scope of the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), and limiting the substantive sustainability reporting and due diligence obligations contained therein. Financial institutions have warned that the Council’s proposal will exacerbate existing issues related to a lack of environmental, social and governance (ESG) data, including data on human rights impacts, thereby restricting the reorientation of capital towards sustainable investments.
Released on Aug 21, 2025
The Interpol silver notice: the pilot project in the fight against international money laundering
In recent years, there has been a significant rise in crimes committed by individuals operating internationally. The increasing internalisation of offences makes it all the more necessary to establish effective and consistent mechanisms for cooperation and intervention at a global level. In this context, Interpol plays a leading role among the international bodies charged with providing operational and informational support to countries around the world. The system includes several types of notices, each with specific and well-defined objectives, the most familiar being the red notice. Recently, however, attention has been focused on a new category of notice that is set to profoundly revolutionise the international investigative paradigm: the silver notice.
Released on Aug 17, 2025
When ESG fails: an Asia–Pacific perspective on the rising tide of criminal liability impacting the corporate sustainability landscape
In February 2024, legal leaders from across Asia gathered at the Asia Legal Priorities 2024 event, hosted by Thomson Reuters. One resounding message emerged: the role of the lawyer is transforming from corporate advisor to ethical gatekeeper and legal risk strategist. This conclusion echoes how lawyers are responding to environmental, social and governance (ESG) frameworks that have emerged as the blueprint for responsible corporate conduct. As ESG evolves from soft law guidance to enforceable obligations, an undercurrent is rising: the growing intersection between ESG failures and criminal liability. Around the globe, prosecutors, regulators and legislators are increasingly treating ESG breaches not just as ethical lapses or compliance failures, but as criminal offences.
Released on Aug 17, 2025
Personal responsibility, corporate liability and criminality: an Australian perspective on the new UK failure to prevent fraud offence
Due to commence in September 2025, the new failure to prevent fraud offence in the United Kingdom is likely to pose challenges in terms of both efforts to comply and in regard to defending corporations charged under the new legislation. Section 199 of the Economic Crime and Corporate Transparency Act 2023 criminalises the conduct of large organisations where a person associated with the organisation commits fraud with intent to benefit the organisation or anyone the person provides services to on behalf of the organisation. It is a defence if the organisation can prove that there were reasonable procedures in place to prevent fraud or that it was not reasonable for such procedures to be in place. While Australian law does not contain an equivalent offence, presently, at least, the state of failure to prevent offences in Australia provides an interesting backdrop to a discussion on the broader issues surrounding such offences.
Released on Aug 17, 2025
The endangered lawyer and the cost of independence
The IBA’s Annual Conference was fortuitous timing, coinciding with the anniversary of Mexican Independence and the inauguration of Mexico’s first female president, Claudia Sheinbaum, the following month. Mexico was a brilliant choice for the event, a true feast for the senses. This article provides an account of events at the Conference.
Released on Aug 17, 2025
The IBA’s 27th Annual Transnational Crime Conference in Santiago
From 14 to 16 May 2025, the Transnational Crime Conference, now in its 27th edition, took place in the vibrant city of Santiago, Chile. Organised and co-presented by the IBA Criminal Law Committee and the Business Crime Committee, supported by the Latin American Regional Forum, the event brought together leading practitioners, regulators, academics and corporate counsel from across the globe to discuss key developments and challenges in the fight against transnational crime.
Released on Aug 17, 2025
Compliance subcommittee ESG due diligence interviews: Itaú Unibanco
The following questions were prepared for a written interview with senior executives in charge of the ESG practices of their companies. The aim is to explore the integration of ESG (environmental, social and governance) factors into corporate due diligence practices, with a focus on compliance, risk management and regulatory preparedness. In this interview, representatives from Itaú Unibanco – a leading Brazilian bank with operations in 18 countries – give their thoughts on the banks’ commitment to the ESG agenda and how they assess and evaluate risk.
Released on Aug 17, 2025
Reporting security incidents in Brazil: when and how to notify the Data Protection Authority
Brazil is increasingly in the global spotlight when it comes to cybersecurity threats. With over ten billion cyberattack attempts recorded in 2023 alone, the country ranks among the most targeted worldwide. These incidents are not abstract: they affect sensitive sectors such as finance and healthcare – including data leaks involving over 220 million data subjects from national institutions and critical infrastructure operators.
Released on Aug 15, 2025
Developing a corporate grievance mechanisms platform to address business and human rights issues in Japan - key opportunities and challenges for lawyers
One of the most critical challenges that companies and lawyers face in addressing business and human rights issues is how to effectively design and implement corporate grievance mechanisms that ensure access to a remedy and the meaningful role lawyers can play in this process. This article aims to share the key lessons learned from the first few years of operation of the Japan Center for Engagement and Remedy on Business and Human Rights’ Engagement and Remedy Platform, with a focus on developing effective corporate grievance mechanisms.
Released on Aug 14, 2025
ESG Conference 2025: a conversation with Ambassador Willem Van de Voorde
An insightful discussion with Ambassador Willem Van de Voorde
Released on Aug 12, 2025
ESG Conference 2025: a conversation with Damilola S Olawuyi
An insightful discussion with Damilola S Olawuyi
Released on Aug 12, 2025
ESG Conference 2025: a conversation with Pascal Durand
An insightful discussion with Pascal Durand
Released on Aug 12, 2025
Beyond the profile: five lessons on using LinkedIn for business development in the legal world
This article, based on the IBA webinar ‘The importance of being social – leveraging social media for business development growth’, discusses key takeaways from the webinar about what’s working – and what isn’t – when it comes to social media in the legal profession.
Released on Aug 5, 2025
Getting to Know the ERF – Francois Barre
Get to know the European Regional Forum’s Councill Member for France, Francois Barre.
Released on Aug 4, 2025
New rules for hiring foreign workers in Poland: effective from 1 June 2025
A new law regulating the employment of foreign workers in Poland came into force on 1 June 2025, replacing the previous legislation which had been in place for over 20 years. While it does not overhaul the employment model, it introduces important changes which employers must follow in order to employ foreigners legally. Key updates are outlined in this article.
Released on Aug 4, 2025
The White Paper: sweeping reforms to reduce migration and reshape policy
In May 2025, the UK government unveiled its long-anticipated White Paper, setting out a roadmap intended to restore control over immigration. The paper’s controversial tone alleged that inward migration had ‘exploded’ and attributed the pressure on public services and housing access to the UK having become a ‘one-nation experiment in open borders’. With overarching themes of control, contribution and community cohesion, the proposals signal a decisive shift in direction.
Released on Aug 4, 2025
Surrogacy abroad: legal pathways and challenges for Indian couples seeking parenthood beyond borders
Becoming a parent is a deeply personal journey, often marked by immense hope, emotional resilience, and at times, formidable legal and societal barriers. For many Indian couples, both residents and those living abroad, surrogacy offers a critical pathway to parenthood. However, the legal framework governing surrogacy in India, while designed to prevent exploitation, remains narrowly constructed and exclusionary.
Released on Aug 4, 2025
From ancestry to proximity: Italy’s 2025 reform and the redefinition of Italian citizenship by descent
Italy’s citizenship framework has historically emphasised ius sanguinis (citizenship by descent) over ius soli (citizenship by birthplace), a principle which remains intact. However, the 2025 reform of Law No 91/1992 (Italian Nationality Law) has dramatically reshaped the landscape, introducing stricter conditions for descent-based citizenship and reaffirming the country’s restrictive approach to birthright citizenship and naturalisation. This article outlines the key changes introduced by the reform, with particular focus on the ius sanguinis pathway, which has been the most substantially affected.
Released on Aug 4, 2025
Climate crisis: ICJ’s historic opinion sets the tone for future litigation
IBA Global Insight - human rights news and analysis from the IBA
Released on Aug 1, 2025
Lawyers, bar associations & legal alliances understanding climate risks and advancing climate competent lawyering: highlights from London Climate Action Week 2025
As the world rapidly approaches the 1.5-degree temperature limit of the Paris Agreement, and the impacts of climate change alter every aspect of our communities and natural world, what does this mean for legal practice and lawyers’ professional responsibilities?
Released on Aug 1, 2025
US presidency: ‘big beautiful’ Act to have global repercussions
When US President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law in July, he set in stone tax provisions that’ll shape the US multinational corporate landscape for years to come.
Released on Jul 31, 2025
Understanding foreign employment regulations: rights, obligations and protections for workers in Ghana
Foreign employment has become an increasingly common practice as workers seek opportunities beyond their home countries. However, for workers engaged in such contracts, it is vital to understand their rights and the legal framework protecting them, as well as the obligations of their employers. This article is an overview of the key provisions in the regulations governing foreign employment, designed to ensure fairness and safety for workers and their families
Released on Jul 28, 2025